Permanent Injunction Hearing Guide

Summary

Fear for your and your childs safety is a compelling reason for delay in reporting abuse. During an injunction hearing, both parties present evidence, undergo cross-examination, and make closing arguments. Cross-examination can involve both open-ended and closed-ended questions. Witnesses and physical evidence can strengthen your case. CPS may provide support if contacted. Child custody is typically discussed separately from the injunction hearing. If the injunction ends, consult a local attorney to ensure your childs safety before any unsupervised visitation.

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I filed an injunction against my husband, which also protects our child from him. A temporary order was approved and the hearing is soon. An attorney practiced cross examination on the phone with me today and told me that the biggest weakness in my arguments for why the order should become permanent is that I waited so long to report. The reason I waited so long is because I was afraid, as my husband made multiple death threats against our child and said if I left him, he would kill our child. I also had nowhere to go and felt unsafe to make any reports. However, the attorney explained that my argument could be beaten down fast. I need the judge to approve a permanent injunction at the hearing. What is the best argument for why it took me so long to seek help?
In your situation, fear for your own and your child's safety is a compelling reason for delay in reporting. You can argue:
*. You feared immediate retaliation from the abuser if you reported.
*. You were in a controlled environment, limiting your ability to seek help.
*. You lacked resources or safe shelter options, making it harder to leave.
Remember, this is general advice and you should consult with a lawyer for your specific case.
Can you outline how an injunction hearing goes
Sure, here's a general outline of how an injunction hearing might proceed in Florida:
*. Introduction: Both parties and their lawyers, if they have them, introduce themselves.
*. Opening Statements: Each side gets an opportunity to state their case.
*. Evidence Presentation: You'll present your evidence supporting your request for an injunction.
*. Cross Examination: The opposing side may question you about your evidence.
*. Respondent’s Evidence: The respondent presents their evidence.
*. Closing Arguments: Each side summarizes their case.
*. Judge’s Decision: The judge will make a decision, either immediately or at a later date.
Remember, this is a general outline and the process may vary slightly depending on the specifics of your case and the practices of your particular court.
Does cross examination happen only regarding the evidence or also regarding statements without evidence
Cross-examination can happen regarding both evidence and statements. It's an opportunity for the opposing side to challenge the credibility and reliability of the testimony and evidence presented. However, the judge has discretion over what is allowed during cross-examination.
Can you coach me? Role play as a cross examiner by asking me questions that an attorney would, let me answer, and then give em advice on a better way to respond
Why didn't you report the threats when they first began?
Answer: (Your response here)
Advice: Remember to remain calm and collected during your response. Explain your fear, your concern for your child's safety, and the control your husband had over your life.
are cross examination questions in an injunction hearing open ended questions, or closed ended questions
Cross-examination questions can be both open-ended and closed-ended. The attorney's objective is to clarify facts, challenge credibility, or create doubt. However, it's common to start with open-ended questions to let the witness provide their perspective, and then use closed-ended ones for specifics.
To answer the question of why I didn't report the threats when they first began: my ex-spouse described exactly how he would kill our child -- by bashing him into a door -- and and I believed he was fully capable of doing so. He was holding our child at that time. I was told that he will continue considering murder for as long as I considered leaving him. He had also said that fathers should not have custody of their children, as men are programmed to kill defenseless children when angered. Due to these threats and seeing what he was capable of through harm he had inflicted before, I feared for our lives if I made any reports at that time or attempted to leave.
Your response effectively communicates the fear and control you experienced. Further, you might mention any attempts to mitigate the threat, like trying to calm him down or avoid triggers. Remember, the aim is to highlight your protective behavior towards your child despite the dangerous situation.
Ask another
Did anyone witness these threats or have knowledge of the abuse?
Answer: Your answer here
Advice: If there are witnesses or individuals who knew about the abuse, it's important to mention them. They might be able to provide additional support for your case.
Yes, in regards to abuse toward myself, Mr. White confessed to sexually assaulting me in my sleep to his former roommate, which I learned about only a few months ago. I also informed those in leadership at the university we attended, as well as counselors. In regards to our child, I informed a counselor as soon as I felt safe enough to do so, right after the threats of death.
Your response is very good. You not only identified witnesses but also took action when you felt safe enough. You may want to be prepared to provide contact information for these individuals if they are willing to support your case.
Another
Explanation:
Answer: (Your response here)
Advice: Mentioning any physical evidence, such as threatening texts or emails, can also strengthen your case. Do you have any physical or digital evidence of these threats or abuse?
Yes, I have screenshots of texts in which Mr. White said that he can either be absent and safe, or present and a threat to us. Another text of his confesses to his volatile nature, and yet another alludes to the incident in which he pinched our son's nose to prevent him from breathing, to stop him from crying, although Mr White watered it down to mention covering our son's mouth. I also have a voice recording that Robert knowingly recorded and sent to me in which he confessed to being abusive everywhere we lived, and that the abuse worsened. (all of this evidence is a year or more old)
Your response is excellent. You've provided clear examples of his threats and abusive behavior. Be sure to bring all this evidence to the hearing. It's okay that it's a year old, it still shows a pattern of abusive behavior.
CPS is involved now because I made a report through the DV hotline. I only had an initial meeting with CPS. Is it possible CPS would be willing to help at the injunction hearing? How does that work
CPS may be willing to testify or provide a report for the injunction hearing. How it works:
*. Contact CPS and request their involvement.
*. They may provide a written report or testify in person.
*. Their testimony can be used to support your case.
Remember, every case is unique and it's best to consult with a lawyer.
my husband and i are not yet divorced. he filed for divorce but that is as far as it has gone so far, so no custody agreement or anything has been discussed yet. we have the hearing for the injunction in a few days. my son and i are currently protected under a temporary injunction but the judge will decide in a few days if the order should continue or end. if it ends in the hearing, is timesharing discussed related to the injunction case
In Florida, timesharing (child custody) is typically not discussed in the same hearing as a domestic violence injunction. They are separate issues and usually require separate hearings. However, an injunction can impact timesharing discussions later in divorce proceedings. Please consult a local attorney for specific guidance.
so if the injunction that protects myself and my son ends, custody is discussed in a regular custody case rather than during or related to the judge's decision regarding the injunction?
Yes, that's correct. In Florida, child custody matters are generally decided in a separate hearing from the injunction hearing. The outcome of the injunction can potentially influence the custody decision, but they are separate legal matters.
in the event that the injunction ends, and before a custody hearing begins, am i legally obligated to allow my husband unsupervised time with our child regardless of the fact that he poses a threat to our child?
The safety of the child is paramount. If you have valid concerns about your child's safety, you are not required to allow unsupervised visitation. However, it's important to consult with a local attorney to understand the best course of action based on your specific situation.